11/22/2010 Update:  After the homeowner spoke with Channel 13 ABC News reporter Andy Cerota, she received a call from Suzy Hartgrove. Public Affairs Manager at City of Houston informing her that all holds had been released on her property. 

11/20/10 Update:  The homeowner arrived at 3:30 pm Thursday to obtain her required permit from the Planning Department to repair her rotten wood on the side of her house and was told there was a "HOUSTON HEIGHTS DISTRICT HOLD" on her address.  She was told this was standard because she is in an historic district.  After successfully completing the first stop, she was told she had to go to "one stop" which was closed when she finished with the first stop. 

The homeowner went back Friday to finish getting her permit.  Upon arriving at "one stop", she was told there were 3 holds on her property. 

1.    PLAN CHECK

2.    INSPECTION-Red Tag-Bootleg work-Double fine.

3.    HISTORIC DISTRICT-"HOUSTON HEIGHTS & HD EAST"

Holds 1 and 2 are easy to remedy, they are for the initial permit she should have obtained and then a fine for the red tag.  The challenge rests with Hold #3.  To make sure her work would not be stopped again, the homeowner asked what material she was supposed to use to replace her rotten wood:  wood or hardi-plank?  She wants to use hardi-plank because it is less prone to rot than wood.  The city employee didn't know what she could use and made an initial call to someone, who didn't know.  This person told him to call (coincidentally) Thomas McWhorter for an answer.  Thomas McWhorter didn't know.  He said he would call back after calling the Director of City Planning.  After waiting 30 minutes for a call back, the homeowner had to leave.  She still does not have a permit to replace the rotten wood on her home.  If she returns Monday, she is not sure she will get an answer because apparently Mr. McWhorter and the city employee she was speaking with both work 4 - 10s (four 10 hour days per week) and both will be gone Monday.

11/16/10 Correction:  I received an email from Thomas McWhorter in the City Planning and Development Department a few hours ago in regards to this post and he told me that a permit is required to repair rotten siding on your home and that is why this home was red tagged.  I called a contractor to ask if he was familiar with this and the first one I called confimed this also.  The contractor told me technically you are supposed to obtain a permit for any house regardless of whether or not it is in an historic district, but that usually no one does. 

This homeowner was changing from wood to hardiplank, so according to the definition of "alteration" in the COA application, a COA would still be required when she tells the permit department that she is changing from wood to hardiplank.  The permit office would see that her home is in a historic district and this would flag it for a COA.  But Mr. McWhorter's point was that this tag was for not obtaining a permit in the first place. 

Remember, obtaining a Certificate of Appropriateness applies to ALL buildings and structures in a historic district, not just the old ones or the historic ones. 

But we don't have to get a Certificate of Appropriateness for ordinary repair and maintenance....so what is this?  Well, that depends on what you call "ordinary repair and maintenance".

This homeowner thought repairing the rotten fascia and soffit boards on her home as mandated by her insurance company on November 7th was "ordinary repair and maintenance".  But the HAHC in their COA application defines it differently.  Actually, they don't define "ordinary repair and maintenance" at all in the COA application, but they do define "alteration" as follows:



If you look in the Historic Preservation Ordinance on page 3, "ordinary repair and maintenance" is defined as:



OK.  Some may say.  What's the big deal?  Just fill out the application and submit the required documentation as per the COA application which you can find at http://www.houstontx.gov/planning/Forms/hist/coaap.pdf.  The required documentation you need to submit for repairing the siding on your home is shown below under certificate of appropriateness checklist.

Well that is not a big deal if the timing worked.  But the notice the homeowner received from her insurance company is dated October 7th, stating that work must be completed by November 9th in order to avoid cancellation of her insurance. 

That means she just missed the Oct. 6th deadline of submitting a COA application to the HAHC for consideration at their next monthly meeting.  She must make application for a COA by Nov. 3rd for consideration at the next HAHC meeting of Nov. 18th. 
 
At which point her insurance is cancelled because she didn't have the work completed by Nov. 9th as the insurance company required.  

So having no options, the homeowner proceeded with the work and the very same day the work began, the City of Houston inspector demanded it stop or the contractor would face an $800 fine.  The contractor stopped.  And the next day the rain came.  The homeowner spent that day on top of her house trying to keep it covered with tarps which the inspector refused to let the work crew install the day before.  The inspector insisted work stop immediately.

I am not trying to spread fear.  I am trying to educate homeowners of this 1x chance to rescind inclusion in an historic district.  I don't think we have experienced all the ramifications of this ordinance so far.  But we only have ONE opportunity to say NO but you can vote your neighborhood in 1x per year.  If you do not take any action within the 15 days alloted after that ballot comes in the mail, you have voted YES to be in an historic district.  And don't forget, this Historic Preservation Ordinance can be changed any time in the future without any permission from the homeowners in the historic district it affects.

Before:


During


Before


During


See documentation below showing letter from the insurance company and the HAHC 2010 Meeting Schedule.
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Letter from homeowner's insurance company:




 
See one homeowner's response to this post:  http://blogs.har.com/774/12956/What-if-the-unthinkable-happens-again?--Will-the-HPO-become-an-Ordinance-of-Unintended-Consequences?/

Only one chance to  opt out of the Historic District, many chances to opt in! http://goo.gl/lzT67

Check back for more updates regarding the HPO
............

HISTORIC PRESERVATION ORDINANCE AS AMENDED 10/13/2010 http://goo.gl/Q1cP

Just want the petition? Print from http://goo.gl/1FYO .   Email signed petition to myself at cynthia@cynthiamullins.com or Bill Baldwin at Bill@yourblvd.com or fax to 866-552-6180, by November 17^th. 

We are trying to educate as many people as possible before this November 17th date so that when the ballot comes in the mail and you have 15 days to return it to the city, we can:

1) remind you it is coming
2) tell you what it looks like so you won't mistake if for junk mail

This exact ballot must be filled out within these 15 days (unknown exactly when as of now, but probably mid December).  If you lose or do not receive your ballot, you can't copy someone else's and turn it in.  AND remember, not returning a ballot means YES for the Historic Preservation Ordinance.
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